Muslim adoption

I'm a 25 year old girl from Tamil Nadu currently working in the United states. I was adopted by my biological father's younger sister when I was 3 months. The adoption cannot be made legal according to the Muslim law. A written statement was made and registered to support the adoption. My father's name is still my biological father's name. Since I don't have a last name, I had to use my father's name as my last name in the US and I'm stuck with my biological father's name as my last name. I'm wondering if its possible to:
1) Make the adoption official so that I don't have to use my biological father's name anywhere
2) Atleast change my last name
Thanks

Asked 2 years ago in Family Law from United States

Religion: Muslim

Hi, As per Mohammedan law, the law of adoption is not recognized under Mohammedan law so Muslim can't adopt child.
2. If you want to change your last name then you have to swear an affidavit to change your last name and make a paper publications in two leading news paper to that effect.

Thanks for the reply! Is there anyway I can bypass the Muslim law and make the adoption official?

Asked 2 years ago

Hi, The Muslim Law does not recognize adoption however as the Supreme Court one of its judgement says that Muslim can also adopt a child but it will not applicable to your facts and circumstance of the case.

Muslim Personal Law does not recognize adoption though it does not prohibit a childless couple from taking care and protecting a child with material and emotional support.
In M/S Shabnam Hashmi vs Union Of India & Ors on 19 February, 2014 Supreme court of India led that personal law prohibition against adoption would not bar a Muslim from adopting a child if he chose the secular Juvenile Justice (Care and Protection of Children) Act .This judgment strengthens the secular law while making it clear that it is an enabling law. There is no compulsion on any community to follow it. Any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.

On what basis do you claim the adoption is illegal? The Supreme Court has ruled that Muslims can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 even if Sharia does not permit it. You can use your adoptive parent's name as your surname. If any application made to this effect is turned down by any authority then you can move the competent court for an appropriate relief.

1) Muslim law does not allow adoption . you are now 25 years old you cannot be adopted now even under Juvenile justice act
2) Supreme Court has ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.
3) The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute,"

adoption is not possible now but based on the previous written adoption you may file a civil suit for declaration and get a court order regarding your adoption.
you may change your surname or name by publication in two leading newspapers and official Gazette.

The right to adopt a child - till now restricted to Hindus, Buddhists and Jains - now extends to Muslims, Christians, Jews, Parsis and all other communities.
In a landmark judgment, the Supreme Court on Wednesday ruled that any person can adopt a child under the Juvenile Justice (Care and Protection of Children) Act 2000 irrespective of religion he or she follows and even if the personal laws of the particular religion does not permit it.
However there is no information about its retrospective effect.
The court, however, turned down the plea for declaring the right of a child to be adopted and right of a parent to adopt a fundamental right under the Constitution saying that such order cannot be passed at this stage in view of conflicting practices and beliefs.
1) Make the adoption official so that I don't have to use my biological father's name anywhere
2) Atleast change my last name.
You can continue with the name since that is not going to make any difference for adoption.

Thanks for the reply! Is there anyway I can bypass the Muslim law and make the adoption official?
You must understand one thing that the adoption f child is valid only upto 18 years of age of the child. Therefore ascertain your position and take decision accordingly.

There is a supreme Court Judgement ruling that even the Muslims can do adoption. Infact, there is no provision in Mohd. Law or Shariat law, for adoption. By showing the above Supreme Court Judgement, you can file a petition in the District Court for adoption. After getting adoption. File a petition before the District Collector for change of your name. Your problems will be solved. If you are willing I can do your work. But all this has to be done in India only. If you are not able to come to India, it can be done by giving power of attorney to some body in India. But you have to be present physically before the District Court two times or atleast one time.

1. Is your adopting father alive? If yes, the get the adoption legal as per sharia,
2. If not then and if he is not aware then you shall have to file a declaratory suit praying for a declaration that you are the adopted son/daughter of your adopting father wit a direction upon all the authorities to consider you accordingly,
3. Once you get the said prayer granted, all your problems will be solved instantly.

1. If there is an adoption deed and if your both biological father and adopting father are alive, you can get the same now registered as per law,
2. If not, the file a declaration suit as advised in my earler post.

Indian Laws

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